Section 20.05.672. Past participation point system for the Prince William Sound roe herring gillnet fishery.

	(a)  The commission will award a maximum of 5 points to an applicant for past participation as an operator of gear in the fishery in accordance with the following table:  
                        Year              Points
                        1978               2
                        1977               2
                        1974               1
	(b)  In (a) of this section  
		(1) "past participation" means the commercial taking of herring in administrative area E with a gillnet during the roe herring seasons, while holding the appropriate licenses;  
		(2) subject to (c) of this section, an individual is presumed to be an "operator" of roe herring gillnet gear if the individual  
			(A) had the appropriate licenses for herring gillnet gear;  
			(B) was designated as the operator on the license of the vessel from which that unit of herring gillnet gear was fished; and  
			(C) had the immediate right to control the vessel and the unit of gear being operated.  
	(c)  In this section, a "unit of gear" is the aggregate amount of gear operated from a single vessel. If two or more individuals claim to have operated the same unit of gear, the commission will, in its discretion, determine who was the operator based upon all available evidence. If unable to determine which individual was the operator, the commission will award the available operator points proportionately. The number of points to be proportioned may not exceed the number of points which could be claimed by a single operator.  

Authorities

16.43.100;16.43.110;16.43.250

Notes

Reference

20 AAC 05.671

Authority

AS 16.43.100 AS 16.43.110(a) AS 16.43.250(a)

History

Eff. 2/15/81, Register 77